HomeMy WebLinkAboutWQ0006984_Final Permit_20180417Water Resources
ENVIRONMENTAL QUAL7Y
April 17, 2018
EVERETTE J. OWENS — PLANT MANAGER
SOUTH FORK INDUSTRIES, INC.
POST OFFICE BOX 742
MAIDEN, NORTH CAROLINA 28650-0742
Dear Mr. Owens:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Permit No. WQ0006984
South Fork Industries RLAP
Land Application of
Class B Residuals
Catawba County
In accordance with your permit renewal request received March 14, 2018, and subsequent
additional information received April 9, 2018, we are forwarding herewith Permit No. WQ0006984 dated
April 17, 2018, to South Fork Industries, Inc. for the continued operation of the subject residuals
management program.
Modifications to the subject permit are as follows: Removal of nine fields totaling 176.2 acres; with
seven fields in Catawba County totaling 148.8 acres (NC-CA-05-IA, NC-CA-05-113, NC-CA-20-01, NC-
CA-20-02, NC-CA-22-01, NC-CA-22-02 and NC-CA-23-01); and two fields in Lincoln County totaling
27.4 acres (NC-LT-038-01 and NC-LT-121-02).
This permit shall be effective from the date of issuance until March 31, 2023, shall void Permit No.
WQ0006984 issued October 3, 2017, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachment A for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
Please note the following permit conditions have been removed since the last permit issuance
dated October 3, 2017:
➢ Old Conditions I.2 and I.3 —The regional notification and signage requirements have been met,
so are no longer required.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
- }3''Nothing Compares = _�
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
16I7 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332
Mr. Everette J. Owens
April 17, 2018
Page 2 of 2
If you need additional_ information concerning this permit, please contact Troy Doby at (919) 807-
6336 o:rtroy.doby@ncdenr.gov.
Sincerely,
.,izLinda Culpepper, Interim Director
(' Division of Water Resources
cc: Catawba County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Erik Bruce — Synagro (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
LAND APPLICATION OF CLASS B RESIDUALS PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
South Fork Industries, Inc.
Catawba County
FOR THE
continued operation of a residuals management program for South Fork Industries, Inc. and consisting of
the land application of Class B residuals generated by the approved facility listed in Attachment A to the
approved fields listed in Attachment B with no discharge of wastes to surface waters, pursuant to the
application received March 14, 2018, and subsequent additional information received by the Division of
Water Resources, and in conformity with other supporting data subsequently filed and approved by the
Department of Environmental Quality and considered a part of this permit. The use and disposal of residuals
are regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the
Permittee from complying with the federal regulations.
This permit shall be effective from the date of issuance until March 31, 2023, shall void Permit No.
WQ0006984 issued October 3, 2017, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
No later than six months prior to the expiration of this permit, the Permitter shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02T .0108(b)(2), 02T .0105(d), 02T .0109]
II. PERFORMANCE STANDARDS
The subject residuals management program shall be effectively maintained and operated at all times so
there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities fail to perform satisfactorily, including the creation of prolonged
nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease
land applying residuals, contact the Mooresville Regional Office supervisor, and take any immediate
corrective actions. [G.S. 143-215.1]
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2. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface
water resulting from the operation of this residuals management program. [15A NCAC 02B .0200,
02L .0100]
3. Only residuals generated by the facility listed in Attachment A are approved for land application in
accordance with this permit. [G.S. 143-215.1]
4. Only the fields listed in Attachment B are approved for residuals land application. [G.S. 143-215.1]
5. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not
exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant
Loading Rates (CPLRs):
Parameter
Ceiling Concentration
(milligrams per kilogram)
CPLR
(pounds per acre)
Arsenic
75
36
Cadmium
85
34
Copper
4,300
1,338
Lead
840
267
Mercury
57
15
Molybdenum
75
n/a
Nickel
420
374
Selenium
100
89
Zinc
7,500
2,498
The Permittee shall determine compliance with the CPLRs using one of the following methods:
a. By calculating the existing cumulative level of pollutants using actual analytical data from all
historical land application events of residuals, or
b. For land where residuals application has not occurred or for which the required data is incomplete,
by determining background concentrations through representative soil sampling.
[15A NCAC 02T .1105]
6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T
.1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T
.1106]
7. Setbacks for treatment and storage facilities shall be as follows:
Setback Description
Setback
feet
Habitable residence or place of public assembly under separate ownership or not to
100
be maintained as part of the project site
Property lines
50
Private or public water supply
100
Surface waters (streams — intermittent and perennial, perennial waterbodies, and
50
wetlands
Wells with exception to monitoring wells
100
* All treatment and storage facilities were originally permitted prior to September 1, 2006
[15A NCAC 02T .1108]
WQ0006984 Version 4.0 Shell Version 171103 Page 2 of 12
8. Setbacks for Class B land application sites shall be as follows:
Setback by application type
(feet)
Setback Description
Vehicular
Irrigation
Surface
Surface
Injection 1
Application
Application
Incorporation
Habitable residence or place of public assembly under
separate ownership or not to be maintained as part of
400
400
200
the project site
Habitable residence or places of public assembly
owned by the Permittee, the owner of the land, or the
0
200
0
lessee/operator of the land to be maintained as part of
the project site
Property lines
50
150
50
Public right of way
50
50
50
Private or public water supply
100
100
100
Surface waters (streams — intermittent and perennial,
100
100
50
perennial waterbodies, and wetlands
Surface water diversions (ephemeral streams,
100
25
waterways, ditches)25
Groundwater lowering ditches (where the bottom of
25
100
25
the ditch intersects the SHWT
Subsurface groundwater lowering system
0
100
0
Wells with exception to monitoring wells
100
100
100
Bedrock outcrops
25
25
25
Top of slope of embankments or cuts of two feet or
15
15
15
more in vertical height
Building foundations or basements
0
15
0
Water lines
0
10
0
Swimming pools
100
100
100
Nitrification fields
0
20
0
[15A NCAC 02T .1108]
9. Land application areas shall be clearly marked on each site prior to and during any residuals application
event. [15A NCAC 02T .0108(b)(1)]
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10. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance
of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen
requirements based on the determined Realistic Yield Expectations (RYE) using any of the following
methods:
a. Division's pre -approved site specific historical data for specific crop or soil types by calculating
the mean of the best three yields of the last five consecutive crop harvests for each field.
b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State
University Department of Soil Science (http://nutrients.soil.nesu.edu/yields/indgL h ). A copy
shall be kept on file and reprinted every five years in accordance with Condition IV.6.
c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE
and appropriate nutrient application rates reported in any of the following documents:
Crop management plan as outlined by the local Cooperative Extension Office, the North
Carolina Department of Agriculture and Consumer Services, the Natural Resource
Conservation Service, or other agronomist.
ii, Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance
Document: Chapter 1
(hq://www.neau.gov/SWC/tech/documents/9th Guidance Doc 100109_pdf),
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (MRCS). These plans must �—,eet the USDA -MRCS 59"u Nutrient Management
Standards(ftp://ftp-fc.sc.egov.usda.gov/NHQ/practice-standards/standards/590.pdf).
d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall
contact the Division to determine necessary action.
[I5ANCAC 02T ,I I09(b)(1)(k)]
11. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by
25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. [15A NCAC 02T
.0108(b)(1)]
12. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer
and rye grass in the winter with both crops to receive residuals), then the second crop can receive an
application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may
be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted
for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied, [15A
NCAC 02T .0108(b)(1)]
13. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the
Permittee shall obtain and implement recommendations from at least one of the following: the local
Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural
Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The
recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a
mechanism for maintaining site integrity and conditions conducive to crop growth, The Permittee shall
maintain written records of these recommendations and details of their implementation. [15A NCAC
02T .0108(b)(1)]
14. These residuals land application sites were individually permitted prior to December 30, 1983;
therefore, the compliance boundary is established at either 500 feet from the residual land application
area, or at the property boundary, whichever is closest to the residual land application area. An
exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation
action according to 15A NCAC 02L .0106(d)(2), as well as enforcement actions in accordance with
North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the
COMPLIANCE BOUNDARY will be noted in Attachment B. [15A NCAC 02L .0107(a)]
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15. The review boundary shall be established midway between the compliance boundary and the residual
land application area. Any exceedance of groundwater standards at the review boundary shall require
action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0108]
M. OPERATION AND MAINTENANCE REOUIREMENTS
1. The residuals management program shall be properly maintained and operated at all times. The
program shall be effectively maintained and operated as a non -discharge system to prevent any
contravention of surface water or groundwater standards. [15A NCAC 02T .1110]
2. The Mooresville Regional Office, telephone number (704) 663-1699, and the appropriate local
government official (i.e., county manager, city manager, or health director) shall be notified at least 48
hours prior to the initial residuals land application to any new land application site. Notification to the
regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding
State Holidays. [15ANCAC 02T .0108(b)(1)]
3. The Mooresville Regional Office shall be notified via email or telephone, (704) 663-1699, at least 24
hours prior to conducting any land application activity. Such notification shall indicate, at a minimum,
the anticipated application times, field IDs, and location of land application activities. If it becomes
necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified
prior to commencing the application to those fields. [15A NCAC 02T .0108(b)(1)]
4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications
to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan,
at the minimum, shall include:
a. Operational functions;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan;
e. Inspection plan including the following information:
i. Names and/or titles of personnel responsible for conducting the inspections;
ii. Frequency and location of inspections, including those to be conducted by the ORC, and
procedures to assure that the selected location(s) and inspection frequency are representative
of the residuals management program;
iii. Detailed description of inspection procedures including record keeping and actions to be taken
by the inspector in the event that noncompliance is observed pursuant to the noncompliance
notification requirements under the monitoring and reporting section of the permit;
£ Sampling and monitoring plan including the following information:
i. Names and/or titles of personnel responsible for conducting the sampling and monitoring;
ii. Detailed description of monitoring procedures including parameters to be monitored;
iii. Sampling frequency and procedures to assure that representative samples are being collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for any
foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to
meet pathogen reduction requirements (e.g, facilities that land apply multiple times per year
but have an annual sampling frequency, may need to sample during winter months when
pathogen reduction is most likely to be negatively affected by cold temperatures).
[15A NCAC 02T .1100]
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Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the facility, the Permittee shall designate and employ a certified operator in responsible
charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC
08G .0201. The ORC or his back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204,
or as specified in the most recently approved O&M plan (i.e., see Condition II1,4.), and shall comply
with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and
designation requirements, please contact the Division of Water Resources' Protection and Enforcement
Branch at (919) 707-9105. [15A NCAC 02T .0117]
When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be
maintained at the land application sites during land application activities. [15A NCAC 02T
.0108(b)(1)]
7. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be
maintained in all residuals transport and application vehicles. [15A NCAC 02T .1110]
8. Residuals shall not be stored at any land application site, unless written approval has been requested
and received from the Division. [G.S. 143-215.1]
9. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind
erosion and surface runoff from conveying residuals from the land application sites onto adjacent
properties or into surface waters. [G.S. 143-215.11
10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land
application sites onto which residuals are applied, or application shall be in accordance with the crop
management plan outlined by the local Cooperative Extension Office, the Department of Agriculture
and Consumer Services, the Natural Resource Conservation Service, or an agronomist and as approved
by the Division. [15A NCAC 02T .1109(b)(1)]
11. Bulk residuals shall not be land applied under the following conditions:
a. If the residuals are likely to adversely affect a threatened or endangered species listed under section
4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface
water or groundwater standards;
d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of the
residuals would occur;
e. Within the 100-year flood elevation, unless the bulk residuals are injected or incorporated within a
24-hour period following a residuals land application event;
f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of 0.5 inches or greater in a 24-hour period;
g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than
18% for injected or incorporated bulk liquid residuals;
h. If the land does not have an established vegetative cover unless the residuals are incorporated or
injected within a 24-hour period following a residuals land application event. Any field that is in a
USDA no -till program shall be exempted from meeting this vegetative cover requirement;
i. If the vertical separation between the seasonal high water table and the depth of residuals
application is less than one foot;
j. If the vertical separation of bedrock and the depth of residuals application is less than one foot;
k. Application exceeds agronomic rates.
WQ0006984 Version 4.0 Shell Version 171103 Page 6 of 12
[ 15A NCAC 02T .1109]
12. The following public access restrictions apply to residual land application sites:
a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted
for 365 days after a residuals land application event;
b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land
application event.
[15A NCAC 02T .1109(b)(2)]
13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g.,
1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and
contact information, including the Permittee or applicator's telephone number. Signs shall be posted
in a clearly visible and conspicuous manner at the entrance to each land application site during a land
application event, and for as long as the public access restrictions required under Condition III.12.
apply. [15ANCAC 02T .0108(b)(1)]
14. The following harvesting and grazing restrictions apply to residual land application sites after each
land application event:
Harvesting and Grazing Description
Restricted
Duration
Animals shall not be allowed to graze during land application activities and
restricted period. Sites that are to be used for grazing shall have fencing to
30 days
prevent access after each land application event.
Food crops, feed crops and fiber crops shall not be harvested for:
30 days
Turf grown on land where residuals have been applied shall not be harvested for:
12 months
Food crops with harvested parts that touch the residual/soil mixture and are
totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.)
14 months
shall not be harvested for:
When the residuals remain on the land surface for four months or longer prior to
incorporation into the soil, food crops with harvested parts below the land
20 months
surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be
harvested for:
When the residuals remain on the land surface for less than four months prior to
incorporation into the soil, food crops with harvested parts below the land
38 months
surface shall not be harvested for:
[15A NCAC 02T .I 109(b)(3)]
15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume
of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that
have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those
operations where a NMP is required by the US Department of Agriculture National Resources
Conservation Service (MRCS) or other State Agencies. The Permittee shall calculate allowable nutrient
loading rates based on the provided information and use appropriate reductions.
For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan
(WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient
Management Plan. [15A NCAC 02T ,0108(b)(1), 02T .1104(c)(3)]
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16. No residuals shall be land applied unless the submitted Land Owner Agreement between the Permittee
and landowners or lessees/operators of the land application site is in full force and effect. These
agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed
during the permit renewal process. [15A NCAC 02T .1104(c)(4)]
IV. MONITORING AND REPORTING REOUMEIVIENTS
1. Any Division -required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation
and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste under 40
CFR Part 261 shall not be used or disposed under this permit. The analyses [corrosivity, ignitability,
reactivity, and toxicity characteristic leaching procedure (TCLP)l shall be performed at the
frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of
five years. Any exceptions from the requirements in this condition shall be specified in Attachment A.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide)
0.008
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
Once the residuals have been monitored for two years at the frequency specified in Attachment A, the
Permittee may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
[15A NCAC 13A .0102(b), 02T .1101, 02T .1105]
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3. An analysis shall be conducted on residuals from each source generating facility at the frequency
specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years.
The analysis shall include the following parameters:
Aluminum
Mercury
Potassium
Ammonia -Nitrogen
Molybdenum
Selenium
Arsenic
Nickel
Sodium
Cadmium
Nitrate -Nitrite Nitrogen
Sodium Adsorption Ratio
(SAR)
Calcium
Percent Total Solids
TKN
Copper
pH
Zinc
Lead
Phosphorus
Magnesium
Plant Available Nitrogen
(by calculation)
[15A NCAC 02T .1101]
4. Residuals shall be monitored for compliance with pathogen reduction requirements at the frequency
specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the
approved O&M plan. The required data shall be specific to the stabilization process utilized, and
sufficient to demonstrate compliance with the Class B pathogen reduction requirements in 15A NCAC
02T .1106 (a) and (c) shall be met. Any exceptions from the requirements in this condition shall be
specified in Attachment A. [15A NCAC 02T .1106, 02T .1107, 02T .1111(c)]
An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each land application site listed in Attachment B on which a residuals land application event will occur
in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil
Sampling" located in the Sampling Inst^actions section of the NC Department of Agriculture &
Consumer Services' website (http://www.nca rg .goy/a/agronomi/pubs.htm). The Permittee shall maintain
these results and a description of the sampling methodologies used to determine soil fertility for a period
of no less than five years, and shall be made available to the Division upon request. At a minimum, the
Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .0108(c), 15A NCAC 02T .1111(d)]
6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall
be in accordance with the monitoring requirements iu 15A NCAC 02B .0505. [15A NCAC 02B .05051
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7. The Permittee shall maintain records tracking all residual land application events. At a minimum, these
records shall include the following:
a. Source of residuals;
b. Date of land application;
c. Location of land application (i.e., site, field, or zone number as listed in Attachment B);
d. Approximate areas applied to (acres);
e. Method of land application;
f. Weather conditions (e.g., sunny, cloudy, raining, etc.);
g. Predominant Soil Mapping Unit (e.g., CbB2);
h. Soil conditions (e.g., dry, wet, frozen, etc.);
i. Type of crop or crops to be grown on field;
j. Nitrogen Application Rate based on RYES (if using data obtained from the North Carolina State
University Department of Soil Science Website, the printout page shall be kept on file and reprinted
every five years);
k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet
ton per acre;
1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or
wet tons per acre;
m. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre,
or wet tons per acre; and
n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other
sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal
(e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury,
molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per
acre of phosphorus applied to each field.
[15A NCAC 02T .0109(a)]
Three copies of an annual report shall be submitted on or before March Ft. The annual report shall
meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms.
instructions for reporting and annual report crms l
s teavailable
at
http://deq.nc. ov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non-
discharge-permittin-unit/reportin -f, orms, or can be obtained by contacting the Non -Discharge
Permitting Unit directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15ANCAC 02T .111 l(a)]
WQ0006984 Version 4.0 Shell Version 171103 Page 10 of 12
9. Noncompliance Notification
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)
663-1699, as soon as possible, but in no case more than 24 hours or on the next working day following
the occurrence or first knowledge of the occurrence of any of the following:
a. Land application of residuals abnormal in quantity or characteristic,
b. Any failure of the land application program resulting in a release of material to surface waters.
Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of
adequate residual treatment.
e. Any spill or discharge from a vehicle or piping system during residuals transportation.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(1), 02T A108(b)(1)]
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
subject facilities and shall be in accordance with the approved O&M Plan. [ 15A NCAC 02T .0108(b)]
2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the
residuals storage, transport and application facilities to identify malfunctions, facility deterioration and
operator errors that could result in discharges to the environment, a threat to human health or a public
nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time
of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of inspection, and
this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the land application sites or facilities permitted herein
at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy
any records required to be maintained under the terms and conditions of this permit; and may collect
groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the residuals land application events are not carried out in
accordance with the conditions of this permit. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of residuals described in the permit
application and other supporting documentation. [G.S. 143-215.11
WQ0006984 Version 4.0 Shell Version 171103 Page 11 of 12
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in
15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and
under the Division's General Permit NCG010000; any requirements pertaining to wetlands under 15A
NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter
143 of the General Statutes. [15A NCAC 02T .0105(c)(6)]
In the event the residuals program changes ownership or the Permittee changes his name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate documentation from the parties involved and other
supporting documentation as necessary. The Permittee of record shall remain fully responsible for
maintaining and operating the residuals program permitted herein until a permit is issued to the new
owner. [ 15A NCAC 02T .0104]
6. This permit is subject to revocation or unilateral modification upon 60-day notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .0110]
7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained
herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
[15A NCAC 02T .0120]
8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 171h day of April 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
amda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0006984
WQ0006984 Version 4.0 Shell Version 171103 Page 12 of 12
ATTACHMENT A —Approved Residual Sources
South Fork Industries, Inc.
Certification Date: April 17, 2018
Permit Number: WQ0006984 Version: 4.0
Monitoring
Monitoring
Monitoring
permit
Biological
Maximum
Frequency for
Frequency for
Frequency for
Approved
Owner
Facility Name
County
Number
Residuals
Dry Tons
Non -hazardous
Metals and
pathogen &
Mineralization
per Year
Characteristics 2
Nutrients 3,5
Vector Attraction
Rate
Reductions ° s
South Fork Industries, Inc.
South Fork Industries —
Catawba
NCO006190
No
550
Annually
See Footnote 5
See Footnote 5
0.3
Maiden Plant
Total
550
1. Maximum Dry Tons per Year is the amount of residuals approved for land application from each permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity; and corrosivity) as stipulated under permit Condition IV.2.
3. Testing of metals and nutrients as stipulated under permit Condition IV.3.
4. Analyses of pathogen reductions as stipulated under permit Condition 1VA.
5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above.
Dry Tons Applied
short tons per ear
Monitoring Frequency
Established in 40 CFR 503 and 15A NCAC 02T .1111
<319
1/Year
=>319 - <1,650
11 Quarter 4 times per ear
=>1,650 - <16,500
1/60 Days 6 times per ear
=>16,500
1/month 12 times per ear
If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is
required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to
make up the missed sampling, contact the EPA for additional information and clarification.
WQ0006984 Version 4.0 Attachment A Page 1 of 1
THIS PAGE BLANK
ATTACHMENT B — Approved Land Application Sites
South Fork Industries, Inc.
Certification Date: April 17, 2018
Permit Number: WQ0006984 Version: 4.0
)Field
Owner
Lessee
County
Latitude
Longitude
Acret a
Dominant Soil Series
Footnotes
NC-CA-06-01
Lutz., Dennis Edwin
Catawba
35.611358'
-81.2784080
16.9
CnB2 — Cecil
I
NC-CA-06-02
Lutz, Dennis Edwin
Catawba
35,6108720
-81.2844190
13.3
Lloyd
1
NC-CA-06-03
Neill Properties LLC
Lutz, Dennis
Catawba
35.6126610
-81.2850360
19.6
PcB - Pacolet
1
Total for Catawba County
49.7
NC-LT-035-01
Jarrett, James O., Heirs of, c/o Jarrett, Ottmau
Lincoln
35.547322"
-81.3039420
35.4
CcB - Cecil
2
NC-LT-120-01
Gilbert, Daniel Wayne
Lincoln
35.4788220
-81.3047000
14.0
Gaston
3,5
NC-LT-121-01
Gilbert, Richard Edward
Lincoln
35.4848530
-81.3942140
16.7
PaB - Pacolet
4
Total for Lincoln County
66.1
Total
115.8
1 to 4. See Figures 1 to 4, respectively.
5. A reduced setback from a residence under separate ownership has been approved for this land application site. Residuals may be land applied within 100 feet of the residence owned by
Johnny Setzer of 596 Owls Den Road, Lincolnton, NC 28072, regardless of whether a surface or a subsurface application method is used.
WQ0006984 Version 4.0 Attachment B Page 1 of l
APPLICATION MAP
PROPERTY LINE
— — — PRIVATE ROAD
APPLICATION AREA
>��
FENCE
- WATER
■
ONSITE HOUSE.
® UNSUITABLE AREA
r2�
WELL
....—.. STREAM
O
SOIL DESCRIPTION
.—.— ..� DRAIN
I inch = 660 feet
Feet
0 165 330 660 990 1320
The compliance boundary is established at
either 250 feet from the residuals application
area or 50 feet within the property boundary,
whichever is closest to the application area.
The review boundary is established midway
between the compliance boundary and the
perimeter of the residuals application area.
All locations are approximate.
Figure 1 NC-CA-06
Fields 1.-3
APPLICATION MAP
LEGEND The compliance boundary is established at
APPLICATION AREA, FENCE
PROPERTY LINE ONSITE HOUSE
® UNSUITABLE AREA 0 OFFSITE HOUSE
FLOODPLAIN '0' WELL
_.._.. STREAM O SOIL DESCRIPTION
_._ — DRAIN
1 inch = 660 feet
Feet
o 165 33o 660 990 1,320
either 250 feet from the residuals application
area or 50 feet within the property boundary,
whichever is closest to the application area.
The review boundary is established midway
between the compliance boundary and the
perimeter of the residuals application area.
All locations are approximate.
Figure 2 NC-LT-35
Field 1
APPLICATION MAP
PROPERTY LINE j OFFSITE HOUSE
APPLICATION AREA WELL
- WATER O SOIL DESCRIPTION
® UNSUITABLE AREA
1 inch = 660 feet
Fett
0 165 330 660 990 1,320
The compliance boundary is established at
either 250 feet Erom the residuals application
area or 50 feet within the property boundary,
whichever is closest to the application area,
The review boundary is established midway
between the compliance boundary and the
perimeter of the residuals application area.
All locations are approximate.
Figure 3 NC-LT-120
Field 1
APPLICATION MAP
LEGEND
PROPERTY LINE x-- K— FENCE
QAPPLICATION AREA ONSITE HOUSE
® UNSUITABLE AREA . OFFSITE HOUSE
--.—.. STREAM WELL
--- DRAIN Or SOM DFSCRIP LON
1 inch = 660 feet
Feet
0 165 330 660 990 1,320
The compliance boundary is established at
either 250 feet from the residuals application
area or 50 feet within the property boundary,
whichever is closest to the application area.
The review boundary is established midway
between the compliance boundary and the
perimeter of the residuals application area.
All locations are approximate.
Figure 4 NC-LT-121
Field 1
DWR_
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Division of Water R�touttes SETBACK WAIVER AGREEMENT (FOR RESIDUALS PROGRAM)
FORM: SWA 08-13
Please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these
instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of additional
information requested. Failure to submit all of the required items will lead to additional processing and review time for the
permit application. Unless otherwise noted. the Applicant shall submit one original and two copies of the_appHeation and
sn � r�ortin� documentation
For more information or for an electronic version of this form, visit the .Land.4pplication Unit (LA U) web site at.
httpJ/nortaL ncdenr. org/webfwq/aps/lau
General - This document is an agreement between the Applicant and the owners) of the property adjacent to the land application
site(s) to allow setback reduction for habitable residences or place of public assembly not owned by the pennittee or not to be
maintained as part of project site(s) in accordance with 15A NCAC 02T_1108(bJL211for habitable residences or place of public
assembly only]. Do not submit this agreement for review without a corresponding application form (FORM. RLAP 08-13).
A. Setback Waiver Agreement:
❑ Submit the completed and appropriately executed Setback Waiver Agreement (FORM: SWA 08-11) form. Please do not
make any unauthorized content changes to this form. If necessary for clarity or due to space restrictions, attachments to the
application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer.
❑ Prepare a separate agreement for each property from which a waiver is being sought.
❑ Any other setbacks required by 15ANCAC 02T .1108, other than those referenced above, cannot be waived through
execution of this agreement_
❑ A copy of the completed and executed agreement must be provided to the property owner.
AGREEMENT TO WAIVE THE SETBACK REQUIRED BY 15A NCAC 02T .1108(b)(2)(habitable residences)
The undersigned property owner hereby permits:
1` r
Applicant's name: G'" l T` [ 'l c l V S (k f e
Applicable Field ID: _ r (Z f ' - 1
hereinafter referred to as the Permittee, to land apply residuals within l o i) feet (i.e., cannot be less than 100 feet) of
the residence or place of public assembly located at the following:
Location address of property: - G� L
City: State: 7dp:.�
This Agreement shall remain in effect for the length of the Division of Water Quality's (Division) permit for the residuals
land application program and shall be renewed each time this permit is renewed. In addition, this Agreement shall only
remain in effect for as long as the undersigned property owner owns the property described herein.
The undersigned property owner agrees to abide by this Agreement until such time as written notification, given 30 calendar
days in advance, modifies or cancels this Agreement,
�[] I certify that I am a deeded property owner of above -referenced property and am authorized to make decisions regarding this
/ properry on behalf of other deeded property owners. Furthermore, I certify that I have read and understand this Agreement and do
hereby grant permission to the Permittee to land apply residuals to land application site(s) as specified herein.
Property owner name: -- I .
Signature: -- 5 _ . a - -
Date:
FORM: SWA 08-13 Page 1 of 1